OMB and SFW Issue Updated COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors

December 16, 2021

The Safer Federal Workforce (SFW) Task Force issued updated Frequently Asked Questions based on Office of Management and Budget (OMB) guidance on non-enforcement of vaccination on Federal contracts and subcontracts. The guidance, which applies to those that had been governed by the vaccination mandates in EO 14042, comes after recent court decisions stayed the effectiveness of those rules pending further legal challenges.

Below is the updated guidance from the OMB and the SWF:

Regarding Applicable Court Orders and Injunctions: The Office of Management and Budget has issued guidance on implementing requirements of Executive Order 14042 while ensuring compliance with applicable court orders and injunctions, including those that are preliminary and may be supplemented, modified, or vacated, depending on the course of ongoing litigation.

  • For existing contracts or contract-like instruments (hereinafter “contracts”) that contain a clause implementing requirements of Executive Order 14042: The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area.
  • Currently Excluded States and Outlying Areas: All of the United States and its outlying areas, including:
    1. The fifty States;
    2. The District of Columbia;
    3. The commonwealths of Puerto Rico and the Northern Mariana Islands;
    4. The territories of American Samoa, Guam, and the United States Virgin Islands; and
    5. The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
  • NOTE: Federal agency COVID-19 workplace safety protocols for Federal buildings and Federally controlled facilities still apply in all locations. Contractor employees working onsite in those buildings and facilities must still follow Federal agency workplace safety protocols when working onsite.
Related Articles
Emergencies, disasters, accidents and injuries can occur at any time, usually without warning. MCAA’s Emergency Procedures will help you develop an emergency action plan to enable you and your employees to act quickly and decisively in the event of an emergency. It’s just one of MCAA’s educational resources that are free to MCAA members as a benefit of membership.…
More than 10,000 serious construction-related eye injuries happen each year, yet these injuries are preventable with proper eye protection. Help workers to understand why eye protection is critical. To celebrate 20 years of safety excellence, MCAA is releasing five impactful videos in 2023 to help improve safety & health across the entire industry.…
Did you take MCAA’s ASSE 12020: Environment of Care, Infection Control and Construction Risk Assessment Professional Qualification Standard certification class in April 2020? If so, your certification is set to expire, and MCAA has prepared a free 2-hour recertification course through ASSE International. The goal of the ASSE 12020 personnel certification is to provide end users with contractors and technicians who can work as valuable members of construction risk assessment teams. You can assist in protecting building occupants from pathogens and other potential construction hazards while at the same time preventing outbreaks. Following the course, attendees will need to pass a recertification exam. The cost of the exam is $110. ASSE will provide additional details during the webinar. Join MCAA and ASSE on Thursday, April 13 from 1:00 PM – 3:00 PM Eastern to take the first step toward your recertification.…
MCAA’s Virtual Trade Show connects our contractor members with the members of MCAA’s Manufacturer/Supplier Council.…

Time is running out! f you want to stay informed & involved in the legislative & regulatory policy issues that impact your construction business, register for the Construction Employers of America (CEA) National Issues Conference! http://ow.ly/RCQY50NcwGa

Take the first step toward your ASSE 12020 recertification. Join MCAA and ASSE on Thursday, April 13 from 1:00 PM – 3:00 PM Eastern for a free recertification course. Follow the link to learn more and register.

https://register.gotowebinar.com/register/4440938889373353816

Looking for the latest from @DEWALTtough and Harris Products Group? Find it in MCAA’s Virtual Trade Show!

http://ow.ly/sYuo50NmEtX

REGISTRATION OPEN – MCAA's WiMI Conference will be held June 12-14 in Nashville, TN and is an excellent opportunity for all women to DISCOVER  their potential. Learn more and register today http://ow.ly/CCw250NnbaC

Load More...